These TERMS AND CONDITIONS OF SERVICE ("Terms") are a LEGAL AND BINDING AGREEMENT BETWEEN YOU AND TRAVEL PHOTOGRAPHERS NETWORK ("TPN") governing your use of http://www.travelphotographers.net ("Site"). Please review these terms fully before you continue to use the Site. By using the Site, you agree to be bound by these Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site, which also govern your use of the Site.
If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. TPN reserves the right to change these Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on January 20, 2011.
The Site (including its operating source code) is owned by Walter Rowe. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer applications and codes ("Content") is owned or licensed by Walter Rowe with the exception of Content posted to the site by its members.
Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of the United States and United Kingdom, you agree:
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information to TPN's designated agent:
TPN's designated agent for notice of claims of copyright infringement on the Site is its owner, Walter Rowe, who can be reached as follows:
By e-mail: firstname.lastname@example.org
The Site (and all Content posted on the Site) are provided to you "as is" and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
TPN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that TPN's maximum liability arising from any use of the Site under any circumstances will be limited to the greater of (A) the amount of fees you paid to TPN during the twelve-month period immediately prior to the act (or omission) giving rise to the alleged liability, or (B) $40.00 dollars US.
IN NO EVENT WILL TPN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY CONTENT, OR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE.
You acknowledge that due to the immediate nature of the Internet, TPN does not review, censor, approve, edit, or endorse information placed on the Site by its users. TPN cannot and does not guarantee that inappropriate material will not be posted. TPN will endeavour to review user postings from time to time, and will take steps to remove inappropriate postings that come to its attention.
The Site may provide links to other web sites and resources. Because TPN has no control over such sites and resources, you acknowledge and agree that TPN is not responsible for the availability of such web sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites and resources. You further acknowledge and agree that TPN shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked web site and resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorised in writing by TPN to do so.
Conduct by any user that (in the sole judgment of TPN) restricts or inhibits any other user from using or enjoying the Site will not be permitted. TPN reserves the right (in its sole discretion) to refuse access to the Site to any user for any reason (including a belief that the user in question has violated these Terms or any of the copyright or trademark laws).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TPN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless TPN and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorney fees) resulting from any violation of these Terms. TPN reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you. In such event, you will fully co-operate with TPN in asserting any available defences.
Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) shall adjudicate exclusively in courts in the state of Maryland in the United States. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the United States, without regard to its conflict of laws provisions. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse TPN for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you.
These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between TPN and you, and supersede all previous written or oral agreements between us. No action (or inaction) by TPN may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Your access to and use of the Site, all Content, and all products and services of TPN (regardless of media) is subject to the terms, conditions, and disclaimers set forth below and from time to time throughout the Site, and to all applicable laws and regulations. In addition, TPN reserves the right to terminate access to the Site for any reason, and to take any other actions that TPN, in its sole discretion, believes to be in its interests and those of its users. TPN reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.
By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with TPN (including your login and user profile).
Access to many pages on the Site is limited to registered users, who are issued user names and passwords. Use of any password-protected area of the Site is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to TPN resulting from the distribution of his (or her) password.
You are responsible for maintaining the confidentiality of your password. You will be responsible for all uses of your registration, whether or not authorised by you. You agree to notify TPN immediately of any unauthorised use of your registration or password.
Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, TPN may terminate this license immediately at any time, at will and for the convenience of TPN. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorised to use the Site.
For any Content you submit ("Submissions") to TPN, including profile information, postings on online forums, digital images and portfolios, and e-mail:
TPN and the Site, and all Content contained on the Site, are protected by United States and international trademark and copyright law and other applicable laws, and are the property of TPN (except as expressly identified on the Site). All copyrights and trademarks not the property of TPN that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of TPN or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorised use of Content or other materials on the Site may violate the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by TPN in its sole discretion). Specifically, you agree not to:
You understand that by accessing and using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Opinions and other statements expressed by users are theirs alone, and are not opinions of TPN. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by TPN. The Site may provide links to other web pages, web sites, and various resources or locations on the Internet. TPN has no control over the information you access via such links, does not endorse that information, and is not to be responsible for it or for the consequences of your use of that information.
TPN does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the online forums or any other part of the Site, except that (i) TPN may consolidate and edit for clarity any Content posted to online forums, (ii) TPN may inform registered users of particular content, ask for their response, or ask them to host discussions, and (iii) TPN reserves the right to monitor the Site and to remove any information that TPN (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for TPN to monitor, screen, or edit Content on the Site in any way.
The forums are designed to permit you to share your ideas and opinions. Information on the forums is provided by TPN's staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with TPN. You acknowledge that a large volume of information is available in our Forums and that people participating in such forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. TPN neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other utterance made or displayed on the Site or forums by third parties. The opinions expressed in the forums reflect solely the opinions of the participants and may not reflect the opinions of TPN. TPN is not responsible for any errors or omissions in postings in the forums, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will TPN be liable for any loss or damage caused by your reliance on such information obtained through the Site or the online forums.
When you use the Site, TPN automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the URL you came from, the pages you visit within the Site, and the URL to which you go upon leaving the Site. TPN uses this information, in an aggregate form only, to monitor the Site's performance, utilization of features and services, traffic trends, and browser version.
The Site has security measures in place to protect the loss, misuse, and alteration of the information under TPN's control. All information is stored on a secure server that is not accessible through the Internet.
By using the Site, you consent to the collection and use of your information by TPN as described in these Terms.
TPN does not use, sell, rent, or exchange your personal information at the present time, but reserve the right to do so without notice. You may at any time prevent TPN's use, sale, rental, or exchange of your personal and demographic information by "opting out" of specific mailing lists and services by e-mailing TPN at email@example.com.
Although TPN strives to protect the personal information and privacy of each user, TPN cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of World Wide Web sites on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Site; and (3) the risk that data or information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostering", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing unauthorised, damaging, or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient.
TPN is committed to the safety of children and to protecting the online privacy of children. Children under 18 may not purchase products on the Site. If a child under 18 nonetheless elects to purchase products on the Site, he (or she) should always ask a parent for permission before sending any personal or credit card information to the Site, or sending personal information to anyone online. TPN will not request or knowingly collect from a child any personal information about the child or child's family. TPN is not able to prohibit minors from visiting the Site. TPN relies on parents, guardians, and those responsible for supervising children under the age of 18 to decide whether the Site is appropriate for children to view.
TPN fully co-operates with law enforcement agencies in identifying those who use our services for illegal activities. TPN reserves the right to release information about users who TPN believes are in violation of these Terms. TPN also reserves the right to report to law enforcement agencies any activities that TPN believes to be unlawful.
Copyright © 2010 Travel Photographers Network. All materials contained in (and on) the Site (including but not limited to the Content), and the Site itself, are copyrighted materials belonging exclusively to Travel Photographers Network or the members who submit the Content, and are protected by United States Copyright Law and International Intellectual Property Treaties. Travel Photographers Network enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.